CH 9: Valerie Guevara

Question 1

judicial implementation

Answer 1

How and whether judicial decisions are translated into actual public policies affecting more than the immediate parties to a lawsuit

sentence: During judicial implementation many decisions are made.

Question 2

plurality opinion

Answer 2

A type of judicial opinion, the reasoning of which is agreed to by fewer than a majority of judges on a court; although it resolves the particular case, the opinion does not establish a binding precedent

sentence: Plurality opinion is essential to the US government.

Question 3

concurring opinion

Answer 3

A type of judicial opinion issued by a minority of judges on a court who agree with the outcome of a case, but wishes to express different legal reasoning

sentence: Concurring opinion involves legal reasoning.

Question 4

dissenting opinion

Answer 4

A type of judicial opinion issued by a minority of judges on a court who disagree with the outcome of a case and wish to explain their legal reasoning

sentence: Dissenting opinion is necessary when cases are in session.

Question 5

trial court

Answer 5

Court of original jurisdiction where cases begin

sentence: Judges are involved in the trial court process.

Question 6

appellate court

Answer 6

Court that generally reviews only findings of law made by lower courts

sentence: In the appellate court many things are reviewed.

Question 7

constitutional (or Article III) courts

Answer 7

Federal courts specifically created by the U.S. Constitution or by Congress pursuant to its authority in Article III

sentence: The constitutional (or Article III) courts were founded in the US constitution.

Question 8

legislative courts

Answer 8

Courts established by Congress specialized purposes, such as the Court of Appeals for Veterans Claims

sentence: Legislative courts are a necessary part of the US government.

Question 9

Federalist No. 78

Answer 9

A Federalist Papers essay authored by Alexander Hamilton that covers the role of the federal judiciary, including the power of judicial review

sentence: The Federalist No. 78 outlined the role of the federal judiciary.

Question 10

Judiciary Act of 1789

Answer 10

Legislative act that established the basic three-tiered structure of the federal court system

sentence: Judiciary Act of 1789 established an important system that helps structures the federal courts.

Question 11

John Jay

Answer 11

A member of the Founding generation who was the first Chief Justice of the United States. A diplomat and a co-author of The Federalist Papers

sentence: John Jay was the first chief of justice of the United States.

Question 12

writ of certiorari

Answer 12

A request for the Supreme Court to order the records from a lower court to review the case

sentence: In many cases writ of certiorari is utlized by the supreme court.

Question 13

Rule of Four

Answer 13

At least four justices of the Supreme Court must vote to consider a case before it can be heard

sentence: Rule of Four includes four supreme court justices.

Question 14

judicial restraint

Answer 14

A philosophy of judicial decision making that posits courts should allow the decisions of other branches of government to stand, even when they offend a judge´s own principles

sentence: Judicial restraint is essential to the US government.

Question 15

judicial activism

Answer 15

A philosophy of judicial decision making that posits judges should use their power broadly to further justice

sentence: Judicial activism is involved in decision making processes.

Question 16

strict constructionist

Answer 16

An approach to constitutional interpretation that emphasize interpreting the Constitution as it was originally written and intended by the Framers

sentence: Strict constructionist have a strict interpretation of the constitution.

Question 17

Sandra Day O´Connor

Answer 17

An Associate Justice of the Supreme Court from 1981-2005 who was appointed by President Ronald Reagan as the first woman to serve on the Court

sentence: Sandra Day O´Connor was the first woman to serve on the court.

Question 18

Elena Kagan

Answer 18

An Associate Justice of the Supreme Court, appointed by President Barack Obama in 2009 while she was serving as solicitor general in his administration

sentence: Elena Kagan was an important female figure in US history.

Question 19

brief

Answer 19

A document containing the legal written arguments in a case filed with a court by a party prior to a hearing or trial

sentence: Briefs are used during case trials.

Question 20

precedent

Answer 20

A prior judicial decision that serves as a rule for settling subsequent cases of a similar nature

sentence: Many cases set precedent for suture cases.

Question 21

stare decisis

Answer 21

In court rulings, a reliance on past decisions or precedents to formulate decisions in new cases

sentence: Stare decisis involves prior cases.

Question 22

senatorial courtesy

Answer 22

A process by which presidents generally allow senators from the state in which a judicial vacancy occurs to block a nomination by simply registering their objection

sentence: Senatorial courtesy is an essential part to the US government.

Question 23

Whiskey Rebellion

Answer 23

A civil insurrection in 1794 that was put down down by military force by President George Washington, thereby confirming the power of the new national government

sentence: Whiskey Rebellion was a watershed moment in US history.

Question 24

Chisholm v. Georgia (1793)

Answer 24

A Supreme Court case that allowed U.S. citizens to bring a lawsuit against states in which they did not reside; overturned by the Eleventh Amendment in 1789

sentence: Chisholm v. Georgia (1793) set the precedent for the United States.

Question 25

Eleventh Amendment

Answer 25

An amendment adopted in 1789 protecting states from being sued in federal court by a citizen of a different state or country

sentence: Eleventh Amendment protects the states.

Question 26

John Marshall

Answer 26

The longest-serving Supreme Court chief justice, Marshall served from 1801 to 1835. Marshall´s decision in Marbury v Madison (1803) established the principle of judicial review in the United States

sentence: John Marshall was a judge in the Marbury v Madison case.

Question 27

judicial review

Answer 27

Power of the courts to review acts of other branches of government and the states

sentence: Judicial review was set in the Marbury v Madison case.

Question 28

Marbury v. Madison (1803)

Answer 28

Case in which the Supreme Court first asserted the power of judicial review by finding that part of the congressional statute extending the Court´s original jurisdiction was unconstitutional

sentence: Marbury v. Madison (1803) set the precedent for judicial review.

Question 29

jurisdiction

Answer 29

Authority vested in a particular court to hear and decide the issues in a particular case

sentence: Different states have jurisdiction in specific territories.

Question 30

original jurisdiction

Answer 30

The jurisdiction of courts that hear a case first, usually in a trail. These courts determine the facts of a case

sentence: Original jurisdiction are the first to hear of cases.

Question 31

appellate jurisdiction

Answer 31

The power vested in particular courts to review and/or revise the decision of a lower court

sentence: Appellate jurisdiction involves the lower court systems.

Question 32

solicitor general

Answer 32

The fourth-ranking member of the Department of Justice; responsible for handling nearly all appeals on behalf of the U.S. government to the Supreme Court

sentence: The solicitor general is the fourth ranking member of the DOJ.

Question 33

amicus curiae

Answer 33

¨Friend of the court¨; amici may file briefs or even appear to argue their interests orally before the court

sentence: Amicus curiae is used in the court systems.

Question 34

plurality opinion

Answer 34

A plurality opinion is in certain legal systems the opinion from a group of judges, often in an appellate court, in which no single opinion supports a majority of the court.

sentence: Plurality opinion and appellate courts go hand in hand.